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Home My WebLink About20081559.tiff Bality — Hardy Annexation PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: October 1, 2007 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. Roy Hardy, Tammy Bality, and W.H. Grant Enterprises LLC, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts • 44 6_ E-7.// -7-3 (0 ( v AL 2008-1559 /Z or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 2 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprises one-hundred percent (100%) of the landowners of the Property exclusive of dedicated streets and alleys, to be annexed and said landowner attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election, subject to satisfaction of the conditions set forth herein. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is R-1, Residential Low Density District. 7. Pursuant to the Municipal Annexation Act of 1965, as amended (Sec. 31- 12-101, et.seq., C.R.S. 2006), and recognizing that annexation is a 3 consensual process, Petitioner further states the following conditions precedent to annexation which must be satisfied prior to approval of any annexation ordinance by the Town of Frederick concerning the Property proposed to be annexed and consent by the Landowner to annexation: a. Execution of an Annexation and Development Agreement within six (6) months from the date of submission of this Petition upon mutually agreeable terms and conditions b. Town approval of R-1 zoning for the Property 8. Subject to mutual execution of the Annexation Agreement pursuant to Section 7 above, Annexor consents to service of the Property by the Town of Frederick's public services and agrees to petition for inclusion of the property within the applicable service districts as more particulary described in the Annexation Agreement. 9. Petitioner agrees to pay all back taxes levied but the Northern Colorado Water Conservancy District against landowners' property at the time of inclusion into the district. WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. Roy W. H7rdy Date 860 Martin Street Longmont, CO 80501 99 ��j� nv ✓ g . iirf� Tammy L. Bali Date 1300 Wheatrid e Ct Loveland, CO 80537 W.H. Grant Enterprises„bLC C Cameron A. Grant, Manager Date 436 Coffman Street, Suite 200 Longmont, CO 80502 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF BOULDER) Mark S. McCallum, being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (7) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. 1� rat Circu for STATE OF COLORADO) )ss. COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this / Mvday of A4AA-Ch , 20O1 by Mprk S_.frtee Ltttrri My commission expires: 1 a.OU 9 Witness M . ' . '" •:lfficial Seal. '�Jam.................As•.'; C��/`J 1. ;tee: NOTARY °y: Notary Public :J�•.:PUBL%G • My Commission Expires July 2,2009 5 EXHIBIT A Bality — Hardy Annexation Legal Description: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 TO BEAR SOUTH 00°06'43" WEST AS MONUMENTED AS SHOWN, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°52'15" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 480.01 FEET TO A POINT 480.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00°07'45" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°52'15" EAST, BEING 30.00 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 841.86 FEET; THENCE SOUTH 89°52'26" EAST, 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 1322.02 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 00°02'47" WEST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 2633.82 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 89°49'37" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 2646.93 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 89°49'37" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 00°0643" EAST, BEING 30.00 FEET WESTERLY OF AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 2647.80 FEET; THENCE SOUTH 89°56'08" EAST, BEING 30.00 FEET SOUTHERLY OF AND PARALLEL TO SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 60.00 FEET TO A POINT BEING 30.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER; THENCE SOUTH 00°06'43" WEST, BEING 30.00 FEET EASTERLY OF AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 690.00 FEET TO THE SOUTH LINE OF THAT PARCEL DESCRIBED IN RECEPTION NO. 3400655 OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 89°52'15" EAST, PARALLEL TO AND 720.00 FEET SOUTH OF SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, ALSO BEING THE SOUTHERLY 6 LINE OF SAID PARCEL DESCRIBED IN RECEPTION NO. 3400655 OF THE WELD COUNTY CLERK AND RECORDER, A DISTANCE OF 450.00 FEET TO A POINT 480.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 27, THENCE NORTH 00°06'43" EAST, PARALLEL TO AND 480.00 EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 27, ALSO BEING THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN RECEPTION NO. 3400655 OF THE WELD COUNTY CLERK AND RECORDER, A DISTANCE OF 690.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 6,754,728 SQUARE FEET OR 155.067 ACRES, MORE OF LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY EXISTING AND/OR OF PUBLIC RECORD. 7 RESOLUTION NO. 08R029 A RESOLUTION OF SUFFICIENCY TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "BALITY HARDY ANNEXATION." WHEREAS, petition for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by W.H. Grant Enterprises, Mark McCallum, Agent, and Roy W. Hardy, Longmont, CO, Tammy L. Bality, Loveland, CO, and W. B. Grant Enterprises, Longmont, CO, property owners; and WHEREAS,the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §3I-12-104, and with C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Frederick Town Hall,401 Locust, Frederick, Colorado 80516, at the following time and date: Tuesday July 8`1,2008, 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND SIGNED THIS 13th DAY OF MAY 2008. ATTEST: TOWN ° REDE K By Jv --\\C\ -4'"---\ By By 1n_,' 47 i Nanette S. Fornof, Town Clerk Eric . Doering, Mayor ,f,4()47-- .I. ,n EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS THE NORTHWEST QUARTER OF SAID SECTION 27 EXCEPT THE WEST 480.00 FEET OF THE NORTH 720.00 FEET, ALSO EXCEPTING THE NORTH 30.00' OF SAID NORTHWEST QUARTER; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 TO BEAR SOUTH 00°06'43" WEST AS MONUMENTED AS SHOWN, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°52'15" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 480.00 FEET TO A POINT 480.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00°07'45" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°52'15" EAST, 30.00 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE, A DISTANCE OF 841.86 FEET; THENCE SOUTH 89°52'26" EAST, 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 1322.02 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 00°02'47" WEST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 2633.82 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 89°49'37" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 2646.93 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 27; THENCE NORTH 00°06'43" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 1957.71 FEET, TO A POINT BEING 720.00 FEET SOUTH OF SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN RECEPTION NO. 3400655 OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL AT RECEPTION NO. 3400655 THE FOLLOWING TWO COURSES: 1. THENCE SOUTH 89°52'15" EAST, PARALLEL TO AND 720.00 FEET SOUTH OF SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 480.00 FEET TO A POINT 480.00 FEET EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 27, 2. THENCE NORTH 00°06'43" EAST, PARALLEL TO AND 480.00 EASTERLY OF SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 27, A DISTANCE OF 690.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 6,654,596 SQUARE FEET OR 152.769 ACRES, MORE OF LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. NOTICE OF PUBLIC HEARING Annexation and Zoning for the Bality-Hardy Farm NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public hearing commencing on Tuesday, June 17, 2008 at 7 :30 P.M. and that the Board of Trustees will then hold a public hearing commencing on Tuesday, July 8, 2008, at 7 : 00 P.M. at the Frederick Town Hall, 401 Locust Street, Frederick, Colorado 80530 to consider approval of Annexation and Zoning for the Bality-Hardy Farr, received from Mark McCallum manager of WH Grant Enterprises, LLC, 436 Coffman Street, Suite 200, Longmont, CO 80501; for real property located within the Northwest 3 of Section 27, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. The Planning Commission and Board of Trustees will consider whether the proposed Annexation and Zoning requests meet the requirements of the Frederick Land Use Code and whether these requests should be granted approval for the property. Any person may appear at the public hearings and be heard regarding the matters under consideration. Copies of the full application and supporting materials submitted as well as the full-sized maps are available for review in the Frederick Town Hall, 401 Locust Street, Frederick, Colorado. Dated this day of , 2008 TOWN OF FREDERICK, COLORADO By: Nanette S. Fornof, Towr. Clerk Page 1 of 1 GWHGRANT ENTERPRISES LLC May 2, 2008 Via Mail Town of Frederick Planning Department Attn: Todd Tucker 401 Locust Street Frederick, CO 80530 Re: Bality-Hardy Farm—Annexation& Zoning Request Dear Mr. Tucker: On behalf of the Bality-Hardy Farm ownership group, WH Grant Enterprises presents the enclosed application for annexation and zoning to the Town of Frederick. The enclosed CD includes the following information for your review: • Cover Letter with a description of the proposed annexation and anticipated land uses • Annexation Assessment Report • Annexation Map • Zoning Map If you have any questions please give me a call at 303-774-2358. Sincerely, W H Grant Enterprises LLC By c lum CC: St. Vrain Sanitation District Frederick-Firestone Fire Protection District Northern Colorado Conservancy District St.Vrain Sanitation District Left Hand Water District Carbon Valley Recreation District Weld County Library District Mountain View Fire District Town Attorney Weld County Board of Commissioners Town of Frederick Engineering Dept. 436 Coffman Street,Suite 200,Post Office Box 908,Longmont,Colorado 80502-0908 Phone: 303.776.3100 For 303.774.2349 GWHGRANT ENTERPRISES LLC October 1, 2007 Via Email Town of Frederick Planning Department Attn: Todd Tucker 401 Locust Street Frederick, CO 80530 Re: Bality-Hardy Farm—Annexation&Zoning Request Dear Mr. Tucker. On behalf of the Bality-Hardy Farm ownership group, WH Grant Enterprises presents the enclosed application for annexation and zoning to the Town of Frederick. This letter shall: (1) present our annexation and zoning request; (2) summarize the proposed development; (3)explain the project's conformance with the Town of Frederick Comprehensive Plan and Land Use Code; (4) provide a statement regarding land use dedications for public sites (e.g. the School Site);and (5)address additional items that may be unique to our application. Submittal Request: WH Grant Enterprises requests approval of the proposed annexation, rezoning and overall development plan for the property. The land is currently zoned A (Agricultural) in Weld County. In conjunction with the proposed annexation, the zoning will change to R-1 in conformance with the Town's Zoning Code and Comprehensive Plan. Project Description: The proposed annexation consists of 152.769 acres located south east of the intersection of Weld County Roads 7 and 18. The property borders the town on three sides (north, east and south). We desire annexation in order to develop the property as part of the Town of Frederick and in accordance with the Comprehensive Plan. The proposed Concept Plan does not propose any specific uses for the property other than as set forth in the Comprehensive Plan. Development configuration, lotting, roadways, parks and other matters will be address at the time of a future platting submittal. The development proposal envisions a mixed use residential neighborhood consistent with the land use designation shown for this property on the Town of Frederick's land use map. We request R-I zoning with the ability to add a PUD- Overlay district in the future. The specific density will be determined at the time of Plat submittal and will be in the range of 150 to 750 units (or approximately 1 to 5 dwelling units per net acre). Review Criteria Analysis: The proposed annexation and zoning meets the review criteria pursuant to Section 13.8.b.(4) and Section 3.10.3.b.(6). The annexation petition contains all of the review criteria statements required in Section 13.8.b.(4).a through 13.8.b.(4).k The 436 Coffman Street.Sake 200,Pont Office Box 908.Loapnoat.Colorado 80502-0908 Phone: 303.776.3100 Fax: 343.774.2349 Mr.Todd Tucker 10/01/2007 Page 2 of 4 development addresses Section 3.10.3.b.(6)as follows: • Need for the proposed rezoning: The land is currently zoned A (Agricultural) in Weld County. In conjunction with the proposed annexation, the zoning will change to R-1 in conformance with the Town's Zoning Code. The applicant desires to build a mixed-use residential neighborhood that provides urban level services (police, fire, water, sewer, electric;etc)for the property. • Impacts on Adjacent Properties: There are multiple land uses that surround this property. Adjacent land uses include Weld County A (Agricultural) zoning to the north, PUD-O zoning to the east, R-E and R-1 zoning to the south, and Weld County A (Agricultural) zoning to the west. The property to the south is planned and platted residential neighborhood. The property to the east is annexed and zoned,but applicant is not aware of any specific planned uses for the property. The property to the north-east is a residential and light-industrial/office development. The proposed land uses for this property are consistent with the Town of Frederick Comprehensive Plan map, and compatible with the surrounding area based on existing planned developments and expected land uses shown on the town's land use map. • Traffic Impact: This development will adhere to the Town's Transportation Master Plan and street construction standards, and will align its' streets with adjacent development's streets as appropriate. The development will dedicate the right-of-way for WCR 18, WCR 7 and a new collector along the eastern boundary. The dedication of right-of-way for WCR 18 and WCR 7 provides the ability for road widening. These improvements are beneficial to the town both locally and regionally by providing important links in the town's street system. The collector road is shown on the Town of Frederick Transportation Plan and will provide a necessary north-south collector link between existing and proposed communities. The Town will provide the maintenance of the streets within the development after construction to Town specifications and acceptance by the Board of Trustees. Site specific improvements to mitigate additional traffic generated by this development and to provide safe access to WCR 7 will be determined at the time of Sketch Plan or Preliminary Plat approval,based on site specific Traffic Impact Analysis. • Availability of Utilities: The development will be serviced by the Town of Frederick, Left Hand Water District, St. Vrain Sanitation District, United Power and Qwest. Left Hand Water District has existing water lines in WCR 7. The St. Vrain Sanitation District has a sewer that currently extends to WCR 7 and WCR 20.5, approximately 1-1/2 miles north of the property. An extension of this sanitary sewer main will be required for development of this property. A St. Vrain Sanitation District sewer main is proposed to be extended from WCR 20.5 north along WCR 7 to western edge of this property. The exact route of the sanitary sewer has not been determined. Mr.Todd Tucker 10/01/2007 Page 3 of 4 • Impacts of Public Facilities and Service: The development will benefit the town by providing important links for both the town's trail and street systems, potentially providing a school site, and the extension of the St. Vrain Sanitation District's sewer service to the general area. • Compatibility with Comprehensive Plan: The proposed development is compatible with the Comprehensive Plan as follows: o We are requesting a residential neighborhood consistent with the Comprehensive Plan. o This development will adhere to the Town of Frederick's Transportation Master Plan and street construction standards, and will align its' streets with adjacent development's streets as appropriate. o The project will comply with the Town's open space and park requirements, providing passive and active open space and recreational uses, including parks and various trail corridors to serve future residents and the surrounding community. These design elements will be shown at the time of Sketch Plan or Preliminary Plat submittal. In addition, the development proposes trail connections consistent with the Town of Frederick Parks and Open Space plan. • Public Benefits: The identified community benefits for the Bality-Hardy Property are as follows: o Infrastructure extensions to the subject property and with such extensions, provision of nearby infrastructure to several adjacent properties. o Dedication of right-of-way for WCR 18, WCR 7 and a new collector along the eastern boundary. o Provision of adequate park and open space areas, amenities,and trail connections to serve the needs of proposed new residents. c Mitigation of land requirements for new schools to serve this area. School Site: We are in discussions with the St. Vrain School District regarding a potential school site on the property. Because the need for a site may not be determined prior to annexation, we request R-1 zoning on the entire property. We will continue to work with the School District regarding a potential school site on our property or in the area. Metropolitan District: As described in the proposed Annexation Agreement, we anticipate requesting a Metropolitan District to be involved in the construction and operation of part of the project. The Town's land use code requires that the applicant provide a service plan at annexation. We are not yet in a position to provide the service plan or finalize the Metropolitan District formation and propose to provide that information at the time of Preliminary Plat submittal. Mr.Todd Tucker 10/01/2007 Page 4 of 4 We request that the Town consider this application and look forward to working with you through the process. Sincerely, W H Grant Enterprises LLC By Mark S. McCallum BALITY-HARDY FARM ANNEXATION ASSESMENT REPORT October 1,2007 Prepared by: WH Grant Enterprises,LLC Prepared for: Town of Frederick PO Box 435 Frederick, CO 80530 TABLE OF CONTENTS Assessment of Community Needs 2 Economic Impact 2 Transportation Impact 2 Storm Drainage Impact 2 Parks & Recreation Impact 3 Impact on the Environment 3 Economic Development Potential 3 Master Street Plan Compatibility 4 Land Use Code Compatibility 4 Adjacent Land Uses 4 Letters of Support 4 1 ASSESSMENT OF COMMUNITY NEEDS The identified community needs for the Bality-Hardy Property Annexation have been preliminarily identified as follows: 1. Infrastructure extensions to the subject property and with such extensions, provision of nearby infrastructure to several adjacent properties. 2. Dedication of right-of-way for WCR 18, WCR 7 and a new collector along the eastern boundary. 3. Provision of adequate park and open space areas, amenities, and trail connections to serve the needs of proposed new residents. 4. Mitigation of land requirements for new schools to serve this area. 5. Dedication of water rights to the Town of Frederick and/or Left Hand Water District, as applicable. 6. Inclusion into the Carbon Valley Recreation District. ECONOMIC IMPACT Revenue to the Town of Frederick from this proposed development will come in the form of Town fees, use taxes, and property taxes. Municipal expenses will include police protection, street maintenance, and general government services. TRANSPORTATION IMPACT This development will adhere to the Town of Frederick's Transportation Master Plan and street construction standards, and will align its' streets with adjacent development's streets as appropriate. The development will dedicate the right-of-way for WCR 18, WCR 7 and a new collector along the eastern boundary. The dedication of right-of-way for WCR 18 and WCR 7 provides the ability for road widening. These improvements are beneficial to the town both locally and regionally by providing important links in the town's street system. The collector road is shown on the Town of Frederick Transportation Plan and will provide a necessary north-south collector link between existing and proposed communities. The Town will provide the maintenance of the sheets within the development after construction to Town specifications and acceptance by the Board of Trustees. Site specific improvements to mitigate additional traffic generated by this development and to provide safe access to WCR 7 will be determined at the time of Sketch Plan or Preliminary Plat approval,based on site specific Traffic Impact Analysis. STORM DRAINAGE IMPACT The development will conform to all state and local storm drainage criteria and requirements. Site drainage will be detained in multiple ponds within the property, to be 2 released at historic rates and will be kept out of irrigation ditches. Site specific storm drainage studies will be prepared at the Sketch/Preliminary Plat and Final Plat stages of development review. PARKS & RECREATION IMPACT The property will also initiate proceedings for inclusion into the Carbon Valley Recreation District Following inclusion in the district, the future residents' property taxes will help fund their recreational needs. Future park, trail and open space area improvements, as well as ownership and maintenance responsibilities will be determined at the time of Preliminary and Final Patting. IMPACT ON THE ENVIRONMENT The impact of this proposed development on the Town's environment will be minimal. The property has been farmed for many years and there are no unique areas of vegetation, environmentally sensitive areas, or significant wildlife habitat, and no known endangered species are know to exist. A general ecological resources survey was completed by Western Environment and Ecology, Inc, which found no threatened or endangered species or their obvious habitat on the property, and no other ecological issues. Western Environment and Ecology, Inc sent letters to the Army Corps of Engineers requesting Jurisdictional Status of the property and the U.S. Fish and Wildlife Service seeking concurrence that the property is not potential Preble's habitat The Army Corps sent a letter dated June 18, 2007 that determined that"...these ditches [on the property] and any wetlands in the ditches [on the property] or that may be caused by the canal/ditch leakage are not jurisdictional". The U.S. Fish and Wildlife Service determined that the property is disqualified for consideration of Preble's Meadow Jumping Mouse under the Endangered Specifies Act. A Phase 1 environmental site assessment was completed by Western Environmental and Ecology, Inc, which found no evidence of recognized environmental conditions in connection with the property except for minor surface soil staining near petroleum production well heads. ECONOMIC DEVELOPMENT POTENTIAL Revenue to the Town of Frederick from this proposed development will come in the form of building permit fees, development fees, use taxes and additional homeowner's property taxes from approximately 460 future households. The development will also add to the Town's population base, thus helping to attract additional commercial uses, generating increased retail sales taxes, and helping to support new employment centers in the area. 3 MASTER STREET PLAN COMPATIBILITY This development will adhere to the Town of Frederick's Transportation Master Plan and street construction standards,and will align its' streets with adjacent development's streets as appropriate. The development will dedicate the right-of-way for WCR 18, WCR 7 and a new collector along the eastern boundary. The dedication of right-of-way for WCR 18 and WCR 7 provides the ability for road widening. These improvements are beneficial to the town both locally and regionally by providing important links in the town's street system. The collector road is shown on the Town of Frederick Transportation Plan and will provide a necessary north-south collector link between existing and proposed communities. The Town will provide the maintenance of the streets within the development after construction to Town specifications and acceptance by the Board of Trustees. Site specific improvements to mitigate additional traffic generated by this development and to provide safe access to WCR 7 will be determined at the time of Sketch Plan or Preliminary Plat approval,based on site specific Traffic Impact Analysis. LAND USE CODE COMPATIBILITY The Bality-Hardy property is proposed to be zoned R-1 and the applicant may request a PUD-Overlay (not being requested with this proposal). The development will conform to Frederick's Land Use Code requirement,with the exception of any specific modifications approved as part of any PUD Plan approval. ADJACENT LAND USES There are multiple land uses that surround this property. Adjacent land uses include Weld County A (Agricultural) zoning to the north, PUD-O zoning to the east,R-E and R- 1 zoning to the south, and Weld County A (Agricultural) zoning to the west. The property to the south is planned and platted residential neighborhood. The property to the east is annexed and zoned, but applicant is not aware of any specific master planned uses for the property. The property to the north-east is a planned residential and light- industrial/office development. The proposed land uses for this property are consistent with the Town of Frederick land use map, and compatible with the surrounding area based on existing planned developments and expected land uses shown on the town's land use map. LETTERS OF SUPPORT Letters of support from special districts proposed to serve this property will be provided prior to platting. 4 g a as W8P a g f oe 62. 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